The Study Of Defect Cosmetic Tort And Remedy Mechanism

With the improvement of economic and people’s living standards, the number of people who use cosmetics is increasing; the trans-regional sales of cosmetics are more and more common. This means that when the defective cosmetics infringe upon the right, the scope of the victim will be extended to every area, the range of influence is wide and the number of victim is large. This trend has become an important characteristic of infringement of defective cosmetics. However the regulation of our country about product liability is found mainly in principles of the civil law and product quality law, and these laws are general provisions, it doesn’t analyze product liability of defective cosmetics separately. This makes people feel confused when they meeting this kind of infringement cases, moreover they can not get effective remedy. With this situation, the author will refine further the tort liability of defective cosmetics, and analyze it by combining its own characteristics and the problems in practice. All of these are intent to provide reference for cognizing the tort liability of defective cosmeticsThis paper is divided into four main parts:The first part is introduction, mainly elaborates the present status of defective cosmetics and discusses the necessity and value of setting up tort liability system of defective cosmetics.The second part includes four aspects. The first aspect is an overview of tort liability defective cosmetics, first to differentiate and analyze some related concepts, then describe characteristics of infringement of defective cosmetics. The second aspect is recognition of defective cosmetics. The cosmetic defects can be divided into the design defects, manufacturing defects, the warning defects and tracking defects, then the author analyzed it combining with the question of cosmetic defects one by one. The third aspect is the causal relationship between the cosmetic defects and damage. In daily life because there are many factors that can cause skin damage, so cognizing the causal relationship between the cosmetic defects and damage is a complex process. The author combines all kinds of academic theories and combined with the specific case, and made a specific analysis on cognizing the causal relationship between the cosmetic defects and damage. The forth aspect is the defenses of defective cosmetics infringement. The defenses of product liability are varied, but what is its defenses when they specific to each kind of cosmetics products? The author detailed a list in this paper.The third part is the problem of present defective cosmetics tort compensation and remedy mechanism, mainly about juridical practice, right-protection awareness and liability to pay compensation.The forth part is the improvement of the defective cosmetics tort compensation and remedy mechanism. At the present stage, the relief for infringement of defective cosmetics in China is still limited to civil compensation. The author tries to find a diversified remedy mechanism on the base of the existing relief mechanism.